Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Tuesday, September 04, 2007

AmerisourceBergen Corp. v. Roden (9th Cir. - Aug. 13, 2007)

It's the unusual case that generates a uniform judicial call to arms for the modification of the Younger and/or Colorado River abstention doctrines. Sure, federal courts scholars may on occasion go ballistic, but rarely do you see actual judges wax poetic about the need for one or more of these doctrines to be modified in light of patently inefficient federal duplication of state court litigation.

But it happens. And both Judge Hawkins and Judge Ferguson write opinions worth reading in this regard.